Case 4103065/2019 · Employment Tribunal
Miss Kylie Fullerton v Redding & Westquarter Unity Club — 2019
- Case reference
- 4103065/2019
- Decision date
- 1 July 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
Miss Kylie Fullerton
Respondent
Key findings
Tribunal's reasoningAfter ACAS early conciliation, Ms Fullerton brought a claim for unpaid holiday pay said to be due when her employment with Redding & Westquarter Unity Club ended. The respondents' ET3 was lodged late and rejected, so at the final hearing on 5 June 2019 Ms Fyfe was allowed to participate only on the amount of holiday pay due, not on liability.
The tribunal found that Ms Fullerton worked as a bar person on 16 hours a week at £7.83 per hour, that her employment ran from 13 April 2018 to 26 December 2018, and that she had no formal contract or written particulars. The payslips showed weekly cash payments and recorded no holidays taken or remaining; the claimant accepted one week off in June 2018 for a holiday in Bulgaria and two weeks off in August 2018 after a gall bladder operation, but said she received no holiday pay. The respondents produced no pay or holiday records, and the P45 they had issued showed a leaving date of 8 January 2019 which the tribunal found was wrong.
Using the Gov.UK holiday entitlement calculator for the agreed dates, the tribunal calculated statutory entitlement of 63 hours and 21 minutes. After deducting the 16 hours taken as June holiday, 47 hours and 21 minutes remained unpaid, which at £7.83 per hour came to £370.75. The tribunal therefore found an unlawful deduction from wages and ordered the respondents to pay £370.75.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim concerned unpaid holiday pay at termination and was determined as an unlawful deduction from wages. | Upheld | — | £371 |
Remedy
Monetary award- Total award
- £371
- across all upheld claims
Legal tests applied
4 references- Rule 20 extension of time test
- Regulation 14(3)(b) Working Time Regulations 1998
- Revenue and Customs Commissioners v Stringer [2009] ICR 985
- Grant v Asda [2017] UKEAT/0231/16/BA / Kwiksave Stores Ltd v Swain [1997] ICR 49
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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